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Home My WebLink AboutA008 - Restrictive Covenants dated July 21, 1972 1 RESTRICTIVE COVENANTS THIS AGREEMENT made this _jLday of , 1972 , by SCHILL BUILDERS, INC. , of Ames , Story County, Iowa W TNESSETH: WHEREAS, "Schill Builders, Inc. , is the owner of all the real estate and lots in Country Gables First Addition to Ames , Iowa, which subdivision is '- a part of the City of Ames , Story County, Iowa, and is legally described as follows : SEE ATTACHED SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF, to be hereafter known as Lots 1 through 24 inclusive, Country Gables First Addition to Amest Iowa. WHEREAS, as such owners , for their own protection and for the benefit of subsequent owners of the lots contained in said subdivision now and in the future, they desire to restrict the' use thereof in certain particulars : NOW THEREFORE, the parties hereto in consideration of the covenants and agreements contained herein, and for other good and valuable consideration, the receipt of which is hereby acknow- ledged, do hereby covenant, bargain and agree for the said Schill Builders, Inc. , and for all future heirs and assigns, as follows : 1. All lots described herein shall be known, described and used solely as single-family residential lots except Lots 1, 19 , 23 and 24 which may be used for two-family or duplex residen- tial lots ; and no trailer, basement, or tent, a shack, garage or other out building erected on the tract shall at any time be used as a residence, either temporarily or permanently; nor shall any residence of a temporary character be permitted. No building shall be erected on any residential building plot nearer than thirty (30) feet to, nor farther than forty (40) feet from the front lot line, nor nearer than six (6) feet to any side lot line. The side line restriction shall not apply to a garage located on the rear one-quarter of the lot, except on corner lots no structure shall be permitted nearer than fifteen (15) feet to the side street line. 2. Buildings constructed upon the above tract shall be . . I - r ----I L..4 l A 4 __ --A -2- BOOK..I_41---PAGE.--Z shall be of new construction only, and shall have a main floor area exclusive of .porches , breeze-ways and garages as follows, to-wit: a) Not less than 864 square feet ground or main floor area on all one story or split level residences , with the 864 square feet to include both the ground and second level of a split level residence , but not to include any basement or area beneath the ground level. b) Not less than 600 square feet with attached single garage ground or main floor area on any two story residence but not to include a split level resi- dence. c) An attached garage is defined to include a carport. d) Used lumber and other materials may be used on a new structure if consistent with good building practices . d) Split foyer shall be considered a one-story residence. 3 . Not more than one residence building shall be erected or placed on a lot, and no lot shall be divided except to enlarge two adjacent lots. 4 . Old buildings will not be moved on any lot, and no noxious or. offensive trade shall be carried on upon any lot nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. 5. That a perpetual easement is reserved over the rear five (5) feet of each lot for utility purposes. 6. These Covenants are to run with the land and be binding on all parties and all persons claiming under them until January 1 , 1997 , at which time said covenants shall be automati- cally extended for a successive period of ten (10) years unless by a vote of a majority of the then owners of the lots, it is agreed to change the said covenants in whole or in part, or terminate them. LAW OFFICES PAYER & GIBBONS AMES. IOWA 50010 J -3- 7. That in case of any violation or attempted violation of any of the covenants or restrictions herein contained by any of the parties hereto, or by his or her heirs, assigns, or by any per- son then owning a lot in said subdivision, it shall be lawful for any person or persons owning lots in the said subdivision to prosecute any proceedings at law or in equity against the said person or persons violating or attempting to violate these said covenants and restrictions , and to either obtain an injunction or restraining order restraining such violation, or to recover damages for such violations, IN WITNESS WHEREOF, the parties hereto have signed this instrument this day and year first above written. SCHILL UILDERS',}!'INC. By Frank A. . Schi 1, president By �r ff Jane E. Schill, secretary STATE OF IOWA ss COUNTY OF STORY: On this' day of 972 , before me, the under- signed, a Notary P lic in and ro7 s d County, in said State, personally appeared Frank A. Schill and Jane E. Schill, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation executing the foregoing instrument; that no seal has been procured by said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors ; and that the said Frank A. Schill and Jane E. Schill as such officers ack- nowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it anA by them vo n ' ly executed. "'1011114 fit _ NOTARY PUBLIC IN AND FP STORY �0,%% R . I COUNTY, IOWA S ': ,_ A L LAW OFFICES 2 PAYER & GIBBONS B00K./.._$j_I.f?AGE. . AMES, IOWA 50010 i BOOK_I__�'�---PAGE��4... SCHEDULE "A" A part of the Southwest Quarter (SW 1/4) of Section 13 , and a part of the Southeast Quarter (SE 1/4) of Section 14 , all in Township 83 North, Range 24 West of the 5th p.m. , City of Ames , Story County , Iowa, described as follows : Beginning at the Southeast corner of the Southeast Quarter (SE 1/4) of said Section 14 ; thence South 890 37 ' West, along the South line of the Southeast Quarter (SE 1/4) 519 . 5 feet; thence North 00 23 ' West , 30 . 0 feet to the point of beginning of a 200 . 24 foot radius curve concave to the Southeast; thence Northeasterly along said curve 212. 70 feet , to a point of tangency; thence North 600 28 ' 35" East, 179 . 9 feet to the point of beginning of a 141. 69 foot radius curve concave to the Northwest ; thence Northeasterly along said curve , 149 .46 feet to a point of tangency ; thence North 00 02 ' 20" East, 200. 0 feet; thence South 890 37 ' West, 78 .75 feet; thence North 00 23 ' West, 334 . 78 feet; thence North 890 37 ' East , 81 . 21 feet; thence North 700 20 ' 30" East, 63 . 73 feet; thence South 890 57 ' 40" East 85. 0 feet; thence South 160 53 ' 20" East , 120 . 20 feet, thence South 00 09 ' 30" East , 11. 02 feet to the intersection with- the common line between Section 14 and Section 13 , thence continuing South 670 09 ' 30" East, 177 . 03 feet; thence South 530 11 ' 20" East, 221. 90 feet ; thence South 00 02 ' 50" West, 180. 0 feet; thence North 890 51 ' 40" West 341. 0 feet; thence South 00 02 ' 50" West, along the Common line between Section 13 and 14 , 470 . 0 feet to the point of beginning. 4 N � ti � c � � CMG• A��W ' �4 ` �' CMG � E u :a o OO cV r WN♦� N � 7 �rG ~—` I U C N..d O Z J W' "1 Cr_ CL o �Q� v n 00i 1 V O W aW �y �- p 4:4 j 0 Fa